JUSTICE ALFRED MAVEDZENGE
(1) MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
(2) CHAIRPERSON - ZIMBABWE ELECTORAL COMMISSION
(3) ATTORNEY GENERAL
CONSTITUTIONAL COURT OF ZIMBABWE
MALABA CJ, GWAUNZA JCC, GOWORA JCC,
HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC,
MAVANGIRA JCC, UCHENA JCC & ZIYAMBI AJCC
HARARE, 5 JULY 2017 & MAY 31, 2018
T. Musarurwa, for the applicant
O. Zvedi, for the first, & third respondents
T. M. Kanengoni, for the second respondent
GOWORA JCC: This is an application lodged in terms of s 85 (1) of the Constitution. The applicant seeks the following relief:
It is ordered that:
1. The application be and is hereby granted
2. Section 192 (6) of the Electoral Act [Chapter 2:13] is declared unconstitutional as it violates ss 235 (1), 235 (3) and 67 (1) (a) of the Constitution of Zimbabwe, 2013 to the extent that it empowers any person to approve regulations that are made by the second respondent
3. The phrase “approved by the Minister” is immediately expunged from s 192 (6) of the Electoral Act [Chapter 2:13].
4. The first respondent to pay costs of suit on a legal practitioner-client scale.
The applicant is a Zimbabwean citizen. He seeks a declaration of constitutional invalidity of s 192 (6) of the Electoral Act [Chapter 2:13], on the basis that it violates ss 67 (1) (a), 235 (1)(a), 235 (3) and 134 of the Constitution of Zimbabwe. In consequence, he seeks that this Court strike down or expunge the words “approved by the Minister” from the impugned provision.
The applicant’s main contention is that the Minister of Justice Legal and Parliamentary Affairs (the “Minister”), should not have the prerogative to approve regulations made by the Zimbabwe Electoral Commission (ZEC) in terms of s 192(6) of the Electoral Act.